Title: Godswell Park, Bloxham
Author: Rebecca Horley
Last saved by: Nathanael Stock
Company: Cherwell District Council

Elm Farm Quarry, Bicester Road, Stratton Audley | 18/01863/CM
Case Officer: | James Kirkham | Recommendation:
Applicant: | Hungerhill Leisure Limited
Proposal: | To continue the development permitted by planning permission no. 97/01501/CM (for infilling of existing limestone quarry with naturally occurring subsoils and other inert wastes to form a country park, importation of waste aggregates for recycling and resale) without complying with condition 20, to allow the extension of time for the completion of restoration of the site to 30th June 2020 (OCC Ref MW.0120/18)
Expiry Date:	23 November 2018

1.	DESCRIPTION OF PROPOSED DEVELOPMENT
The current application seeks to extend the time to complete the restoration of the quarry.  It was originally required to be restored by December 2008.  The current application seeks permission to extend the time for the restoration scheme until July 2020.
2.	RESPONSE TO PUBLICITY

The Councils is a consultee on this application and therefore the responsibility to advertise the application publicly lies with Oxfordshire County Council.
2 letter have however been received.   These have raised the following issues:
-	The site is ecologically valuable. 
-	A new restoration scheme should be developed to benefit residents and the wildlife. 
3.	RESPONSE TO CONSULTATION

Below is a summary of the consultation responses received at the time of writing this report. Responses are available to view in full on the Council’s website, via the online Planning Register.
PARISH/TOWN COUNCIL AND NEIGHBOURHOOD FORUMS
STRATTON AUDLEY PARISH COUNCIL: Objects in the strongest possible terms to the above application. The terms of the restoration conditions in the planning consent have been clearly available and any new owner of the site must have purchased in the full knowledge of the same. The Council would not like to see action, and restoration, delayed further, and would wish this application to be considered by Committee should officer recommend approval. The Clerk was asked to advise Councillors of the Parish Council's very strong feelings on this matter and formally request that the matter is taken to the Planning Committee for consideration should officers recommend approval.
NON-STATUTORY CONSULTEES
CDC ECOLGY:  Within the application site boundary, there are a number of statutory and non-statutory site designations, important habitats and protected & notable species records which represent a constraint. 
A large area of the site is designated as non-statutory Local Wildlife Site (LWS) Stratton Audley LWS. The LWS are of county importance designated due to the presence of Habitats of Principal Importance (NERC Act Section 41) including Open Mosaic Habitat on Previously Developed Land and Lowland Calcareous Grassland. 
Parts of Stratton Audley Quarry have statutory designation of Site of Special Scientific Interest (SSSI) for the geological interest they hold. Viewing the online assessment of the condition of the interest of the SSSI units these are assessed by Natural England in 2008/09 as being partially destroyed due to infilling by tipping and water covering the geological exposures for which the SSSI is designated. Natural England should be consulted on the proposals. There may be opportunities for the proposals to provide restoration of the SSSI. 
There are a number of protected and notable species records for the site and the immediate surroundings including: Plants, invertebrates (including Bettles, Butterflies & Moths), Great Crested Newts, Reptiles, Red and Amber list Birds and Badger records within the Quarry, adjacent Airfield, to the immediate north of the Quarry and to the southeast of the adjacent Airfield 
Previous Landscape and Ecological Survey Plans (Drawing No PA160/10 dated October 1998 and PA160/01 dated May 1999) identifies that there was previous areas of calcareous grassland, marsh, scrub and wetland habitat interest on site with associated species e.g. butterflies that was to be retained within the final restoration scheme. Since the date of the above plans, nearly 20 years ago, the ecological interest on the site is likely to have developed and current conditions are likely to be significantly different which is likely to present constraints to continuation of the original permission. 
Given the ecological interest shown on site by existing records there are a number of potential constraints to the proposals but there may also be potential opportunities for ecological enhancements. 
Prior to the continuation of the development and the restoration process a suitably qualified ecologist should be employed to undertake ecological surveys to inform a Preliminary Ecological Assessment (PEA). The list of species and habitats above should be the focus of initial surveys across the whole of the site and immediate surroundings. The appointed ecologist should also assess based upon an up to date view of the site if any additional surveys are required to inform the continuation of the development and the restoration process. Activity surveys for bats would be useful as the quarry area is likely to provide good foraging grounds. The findings of this process can be used to inform future proposals through an Ecological Impact Assessment (EcIA) or a chapter of an Environmental Statement if required. 
Policies ESD10 and ESD11 of the adopted Cherwell Local Plan Part 1 sets out the Council’s approach to the protection and enhancement of biodiversity and the natural environment, including Conservation Target Areas. 
In line with NPPF the aim is to seek a net gain in biodiversity within the planning system, the submission of a Biodiversity Impact Assessment following the locally adopted Defra Offsetting Metrics will assist in assessing the proposal to see if it meets this. Cherwell District Council has adopted a Developer Contributions Supplementary Planning Document (SPD) which has a Nature Conservation and Biodiversity section, submission of a Biodiversity Impact Assessment is in line with paragraph 4.111 of this SPD. 
Retained and created habitats as part of the proposals should be appropriately managed in the future to ensure they are conserved and maintained in a favourable condition for the species they support. This can be facilitated through the production of a Landscape and Ecological Management Plan (LEMP) or Biodiversity Management Plan.
4.	RELEVANT PLANNING POLICY AND GUIDANCE

Planning law requires that applications for planning permission must be determined in accordance with the development plan unless material considerations indicate otherwise.

The Cherwell Local Plan 2011-2031 - Part 1 was formally adopted by Cherwell District Council on 20th July 2015 and provides the strategic planning policy framework for the District to 2031.  The Local Plan 2011-2031 – Part 1 replaced a number of the ‘saved’ policies of the adopted Cherwell Local Plan 1996 though many of its policies are retained and remain part of the development plan. The relevant planning policies of Cherwell District’s statutory Development Plan are set out below:

CHERWELL LOCAL PLAN 2011 - 2031 PART 1 (CLP 2031 Part 1)
•	ESD10 – Protection and Enhancement of Biodiversity and the Natural Environment
•	ESD11 - Environment
•	ESD13 - Local Landscape Protection and Enhancement
•	ESD15 - The Character of the Built and Historic Environment

CHERWELL LOCAL PLAN 1996 SAVED POLICIES (CLP 1996)
•	ENV1 – Environmental pollution 
•	C28 – Layout, design and external appearance of new development

Other Material Planning Considerations

•	National Planning Policy Framework (NPPF)
•	Planning Practice Guidance (PPG)

5.	APPRAISAL

The key issue for consideration in this case is the impact upon the interests of the Cherwell District.

The application seeks to extend the time taken to extend the time to restore the existing site.  The existing site has been in breach of condition for a number of years (since 2008) and has recently been brought into new ownership.  The position is such that the County Council would need to take formal enforcement action in the very near future or they may lose the opportunity to take enforcement action against the site as the timeframe for enforcement action may lapse (10 years for breach of condition).  The current application will provide a small extension of time for the new owner to have discussions with the County Council and try to resolve the issues. 
It is clear from the Ecologist comments that the site is ecologically sensitive and that the ecological value of the site has changed since the original restoration scheme.  This will need to be taken into account by the applicant and County to ensure there are no breaches of other environmental legislation such as in relation to protected species.   The extended time will also give a period of time to consider whether a more environmentally sensitive scheme for the site can be devised.
Whilst is unfortunate this issues has gone on for a number of years, a small delay in the restoration of the site to allow consideration of alternative restoration schemes is considered to be appropriate.   It is therefore recommended that no objection be made to the consultation. 
The parish has been advised to make its comments to the County Council as they are the formal decision making authority for this application. 
6.	PLANNING BALANCE AND CONCLUSION
It is recommended that no objections be made to the consultation. 

Case Officer: | James Kirkham | DATE: 19 November 2018
Checked By: | Nathanael Stock | DATE: 21.11.2018